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IL Supremes say IL Secy of State’s sig not necessary for Burris appointment

10 January, 2009 (11:56) | Politics | By: ricjames

The IL State Supreme Court has ruled on Friday that signature of Secretary of State Jesse White isn’t necessary for the appointment of Roland Burris to Obama’s now-vacant Senate seat. Senate Majority Leader Harry Reid had said that Burris couldn’t be seated without a signed certification from White.

Now, White says he still won’t sign the document, since the court’s Friday ruling doesn’t require it.

Democratic leaders on Friday maintained that Burris still cannot take President-elect Barack Obama’s vacant Senate seat.

“Mr. Burris is exactly where he was a week ago,” a senior Democratic aide told FOX News. “He does not have a valid certificate, and we cannot seat him.”

The court decision sets up a political war of words between Illinois and congressional lawmakers, as they seek to resolve the stalemate.

I literally have no dog in this fight, being both from Virginia and having no interest in keeping Democrats from looking like squabbling children. Looking at the actual argument, however, it’s clear that both sides on this matter might be right. The US Senate doesn’t take marching orders from states and that includes from state Supreme Courts. While it may be that the laws of Illinois are such that White’s signature isn’t required for Blagojevich to have legally conferred the appointment onto Burris, it’s not up to the IL Governor nor their Justices whether the rules of the Senate require it. And they do, apparently. IL Attorney General Madigan thinks the Senate should just skip their own rules and do as IL wants them to do. The counter to that argument is that the IL legislature had it within their power to change their own laws and avoid this whole mess to begin with. They had the chance and decided to not take it. The reason for that was simple: the Democrats didn’t want to let the IL public have their say and, perhaps, elect a Republican. They put their political priority of keeping that seat at all costs ahead of what was good for the state of IL. I don’t see where it’s the responsibility of the rest of the US – in the form of the Senate – to cover for their mistake.

I’d point out that they have the opportunity to make things work even now. If they’re insistent that Blagojevich’s appointment stand, then they can pass a law requiring the Secretary of State to sign the certification. Do that right now and force White to sign it or resign. Of course, that puts them in the position of forcing the SecState of IL into certifying the actions of a man they just got done denouncing in a public impeachment vote. Oh, and endorsing the person selected for the office by a man whom they’ve got credible evidence against of abusing his position and committing ethics violations. Again, that’s a choice they’ve landed on their own heads.

Who’s gonna blink first, I wonder?

Comments

Pingback from Senate decides to just ignore that signature requirement for Burris « HoodaThunk?
Time January 12, 2009 at 22:33

[...] decides to just ignore that signature requirement for Burris Well, I spoke of a catch-22 between the US Senate and the State of Illinois over the appointment to the Senate of Roland Burris by soon-to-be-impeached IL Gov. Blagojevich a [...]